Pools and Fencing

By definition, a Privately Owned Outdoor Swimming Pool includes:
"Any body of water located outdoors on privately owned property which is contained in part or in whole by means that are not naturally occurring and which is designed to contain water or contains water to a depth of 51 cm (20 inches) or more and whose use includes diving, swimming, wading or bathing and includes a pond located within a residential area but does not include ponds that are solely ornamental that do not exceed 3.05 metres (10 feet) in diameter or 91.5 cm (36 inches) in depth"
Pools must comply with By-law 03-14. Inspection of completed pool installation and fences is required by By-Law 00-29. By-Law 00-29 is a by-law to provide for the erection and maintenance of fences and gates around privately owned outdoor swimming pools.

In accordance with By-Law 03-14, no owner shall:

  1. Install or maintain a privately owned swimming pool in the Township of Clearview unless such pool or land or the part of the land on which such pool is located is protected with Schedule "C" (see below)
  2. Place water or allow water to remain in a privately owned swimming pool in the Township of Clearview unless a swimming pool fence has been erected around the said pool
  3. Install or erect or permit the installation or erection of a privately owned outdoor swimming pool in the Township of Clearview without having obtained a Swimming Pool Permit.
During the course of construction, the Township Building Department must be contacted in order to make the inspections in accordance with the By-Law. When requesting inspections, please quote your permit number.


By-law No. 03-14
Township of Clearview


Fencing around an in-ground pool shall provide protection around the entire perimeter of said pool. Every fence shall be:

1. Not less than 1.3 metres (4 feet) in height.

2. Be so constructed as to not have openings, holes or gaps larger than 3.8 cm (1.5 inches) in its shortest dimension.

3. In the case of a cast iron fence, pickets shall be a minimum of 1.6 cm (5/8 inch) in diameter and picket spacing shall not exceed 10.16 (4 inches) on center. All other provisions shall apply.

4. A fence shall be so constructed that all horizontal or diagonal structural members of the fence shall be located on the inside (pool side) of the fence.

5. All fences shall be so constructed that it cannot be used in a manner similar to a ladder.

6. All fences shall be so constructed as to have the only means of entry by gates or doors.

7. All gates or doors hall be equipped with a self-closing device and a lockable latch on the poolside at the top of the gate to the intent that all gates or doors will remain securely closed when not in use.

8. All fences shall be set back a minimum of 1.3 metres (4 feet) from the nearest edge of the swimming pool.

A boundary fence, which complies with the provisions of this section, shall be deemed a sufficient fence.


In the case of an above ground pool, where the sidewalls of the pool are a minimum of 1.3 metres (4 feet) in height and are so constructed as to prevent climbing, a fence is not required. The access to the pool must be protected. This protection may be provided by:

1.  A ladder that swings up and can be locked; or,  

2.  A ladder, which can be removed and stored in a safe location.

The full Fence By-law 03-14 and By-law 00-29 can be downloaded from Publications.